Oregon Statutes 243.323 – Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment; exceptions; remedy for violation
(1) Except as provided in subsection (2) or (4) of this section, it is an unlawful employment practice under ORS Chapter 659A for a public employer to enter into an agreement with a former, current or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a nondisparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing workplace harassment:
Terms Used In Oregon Statutes 243.323
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) That occurred between employees or between an employer and an employee in the workplace or at a work-related event that is off the employment premises and coordinated by or through the employer; or
(b) That occurred between an employer and an employee off the employment premises.
(2) Whenever a public employer and a former, current or prospective employee enter into an agreement, the terms of which release a claim brought against the employer by an employee alleging workplace harassment described under subsection (1) of this section, the agreement may include one or more of the following provisions only when the employee who is a party to the agreement requests the inclusion of such provisions in the agreement:
(a) A provision described in subsection (1) of this section;
(b) A provision that prevents the disclosure of the amount of or fact of any settlement; or
(c) A no-rehire provision that prohibits the employee from seeking reemployment with the employer as a term or condition of the agreement.
(3)(a) An agreement entered into under subsection (2) of this section must provide that the employee has at least seven days after executing the agreement to revoke the agreement.
(b) The agreement may not become effective until after the revocation period has expired.
(4) The prohibitions in subsection (1) of this section do not apply to agreements entered into between a public employer and a former, current or prospective employee if the public employer makes a good faith determination that the employee has engaged in workplace harassment described under subsection (1) of this section.
(5) An employee may file a complaint under ORS § 659A.820 for violations of this section and may bring a civil action under ORS § 659A.885 and recover a civil penalty of up to $5,000 and relief as provided by ORS § 659A.885 (1) to (3).
(6) This section does not apply to an employee who is tasked by law to receive confidential or privileged reports of discrimination, sexual assault or harassment.
(7) Except to the extent provided under subsections (2) and (4) of this section, provisions included in an agreement in violation of this section are void and unenforceable.
(8) Nothing in this section prohibits a public employer from enforcing a nondisclosure or nondisparagement agreement that is unrelated to workplace harassment described in subsection (1) of this section. [2019 c.463 § 4; 2022 c.107 § 4]
See note under 243.317.
[1979 c.830 § 1; 1997 c.249 § 73; 2001 c.104 § 74; renumbered 243.853 in 2023]